Category Archives: Nexus

AF: Download of CP via Kik app permitted search of other storage devices it could have been transferred to

In this child pornography case, the initial probable cause was downloading it via the Kik app. The warrant included other electronic devices. Defendant’s argument that only smartphones could be searched is rejected. It was logical that images could have been … Continue reading

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N.D.Ohio: Proving nexus to an alleged drug dealer’s home

Proving nexus to an alleged drug dealer’s home discussed in United States v. Stafford, 2022 U.S. Dist. LEXIS 210032 (N.D. Ohio Nov. 18, 2022):

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N.D.Tex.: Officers don’t have to say they have PC before an automobile exception search

The officers didn’t say they had probable cause at the beginning of the search of the vehicle, but on the totality they did. United States v. Wesley, 2022 U.S. Dist. LEXIS 200320 (N.D. Tex. Nov. 3, 2022).* The Fourth Amendment … Continue reading

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CA11: Can’t force a Franks hearing by mandamus; there’s a right to appeal

“Spencer’s claim for mandamus relief is frivolous. Liberally construing his mandamus petition, Spencer appears to seek an order directing the district court to hold a Franks hearing in his underlying criminal case in relation to the seizure of evidence used … Continue reading

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CA5: Multiple cell phones found with a quantity of drugs creates inference phones are for drug trafficking

When multiple cell phones and drugs are found together in a car, it’s a reasonable conclusion the cell phones are related to drug trafficking. The search of the phones reasonably led to child porn. United States v. Morton, 2022 U.S. … Continue reading

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E.D.Pa.: Work product privilege in product of a SW is burden of defense

A special master reviewed the product of the search warrant for work product materials. The defendants have the burden of proof on work product, and they didn’t meet it. United States v. Vepuri, 2022 U.S. Dist. LEXIS 151833 (E.D. Pa. … Continue reading

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N.D.Ohio: PC showing raises the inference a cell phone was involved in crime for SW

“The affidavit also attempts to establish the link between the use of cell phones and the drug trafficking under investigation. Metzger’s warning to McFaul on social media, which presumably was accomplished through the use of an electronic device like a … Continue reading

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D.Mass.: Being leader of a DTO can show nexus

Mere membership in a conspiracy of a drug trafficking organization does not show nexus to that conspirator’s home. Being the leader, however, does. United States v. Mubarak, 2022 U.S. Dist. LEXIS 133244 (D. Mass. July 27, 2022):

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D.Neb.: Being with known gang members was RS here

Association with known gang members was reasonable suspicion when defendant was with them. “True, the task force did not have information that Defendant himself was affiliated with a gang or otherwise had a criminal history involving violence. But, given his … Continue reading

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CA8: PC shown but for nexus, but GFE overcame that

The district court held the affidavit for the search warrant didn’t say enough to supply nexus to defendant’s home, but the good faith exception applied. Affirmed. The affidavit was sufficient for probable cause defendant was involved in dealing drugs, and … Continue reading

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NE: “Probable cause may be based on commonsense conclusions about human behavior.”

There was probable cause for this search warrant for defendant’s cell phone found where a window peeper dropped it in flight from being seen at the window. The warrant was particular, and video of a sleeping woman being sexually abused … Continue reading

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MO: Inventory followed policy without putting it into evidence

The officer testified his inventory followed policy, but no written policy was admitted into evidence. It was up to the trial court to believe the officer on policy or not, and it did. State v. Teel, 2022 Mo. App. LEXIS … Continue reading

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CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

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DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it’s granted. Defense counsel has already been given access … Continue reading

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AR: SW for evidence linking to a homicide in another county found clothes worn seen in video

In a homicide investigation, officers showed probable cause for defendant’s house for evidence of the murder where the victim was abducted, driven 75 miles, and her body dumped in another county. Defendant was on video surveillance where the abduction occurred, … Continue reading

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W.D.Tex.: Def had REP in bag in car but no standing in rest of search of car

While defendant had no reasonable expectation of privacy in the car he was in, he retained a reasonable expectation of privacy in his bag in the car. United States v. Grice, 2022 U.S. Dist. LEXIS 72586 (W.D.Tex. Apr. 20, 2022). … Continue reading

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N.D.Ill.: Going to drug deal from house and then going back is nexus to the house

Defendant left his house, went to a drug deal, and returned. This is not the officer’s mere reliance on what drug dealers normally do or he would expect to find. United States v. McCreary, 2022 U.S. Dist. LEXIS 69838 (N.D.Ill. … Continue reading

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CA9: PC of digital theft from Microsoft by employee also led to his home computer

There was probable cause to believe that defendant’s home computer would have evidence of his $10m digital theft from Microsoft from when he worked there. United States v. Kvashuk, 2022 U.S. App. LEXIS 8275 (9th Cir. Mar. 28, 2022).* There … Continue reading

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E.D.Okla.: Lack of nexus to cell phone saved by GFE

The affidavit for the search warrant for defendant’s phone didn’t show nexus, but it was still relied upon in good faith. R&R rejected. United States v. Langford, 2022 U.S. Dist. LEXIS 55162 (E.D.Okla. Mar. 28, 2022). Sounds and observations of … Continue reading

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IA: Boilerplate language alone in an affidavit for SW does not establish nexus

Boilerplate language alone in an affidavit for warrant does not establish nexus. State v. Bracy, 2022 Iowa Sup. LEXIS 29 (Mar. 18, 2022) (citing § 6.14 of Treatise (§ 3:13 of 3d ed.). Omitting a CI’s criminal history from the … Continue reading

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